The approach to domestic violence in the Ca­ribbean Netherlands must be structurally improved. This is the conclusion of the Council for Law Enforcement in a new study on the legal handling of this issue. Although some improvements have been made since 2020 by the Dutch minister of justice and security, major challenges remain.

The Law Enforcement Council expects that increasing awareness of domestic violence, combined with targeted assistance and an effective judicial response, will encourage more victims to seek help and report incidents to the police. A strong judicial approach to domestic violence also serves a preventive function, as it demon­strates to society that such trans­gressions will not go unpunished.

The Council’s report, pub­lished on Thursday, focuses on the judicial response to domes­tic violence. The foundation for this approach lies in the 2017 Directive on Domestic Violence issued by the Procurator General (PG) of Curacao, St. Maarten and the Carib­bean Netherlands. In 2020, the Council formulated several recommendations for judicial organisations in its report on domestic violence in the Caribbean Netherlands.

In 2024, the Council ex­amined the extent to which these recommendations have been implemented. The study also assessed how judicial authorities in the Caribbean Netherlands adhere to the PG’s direc­tive.

For this study, the Coun­cil interviewed employees of the relevant judicial or­ganisations, all of whom demonstrated great com­mitment to addressing do­mestic violence.

In 2017, the PG issued the Directive on Domestic Violence to improve the response of law enforce­ment agencies, includ­ing the Prosecutor’s Of­fice OM and the police, in tackling domestic violence. The directive establishes guidelines for investigating and prosecuting domestic violence cases and sets con­ditions for collaboration between the police, OM and other partners such as probation services. These conditions provide insight into judicial procedures and local circumstances that influence the approach to domestic violence.

One requirement outlined in the directive is that the OM, police and probation services establish formal agreements on their co­operation, which must be regularly updated. Another stipulation is that the OM must report annually to the PG on judicial collabora­tion.

In 2020, the Council found that the Prosecutor’s Of­fice BES (OM BES) had not yet implemented these two requirements. As a re­sult, they were included as recommendations in the Council’s report. However, the present study found that, as of 2024, these rec­ommendations have still not been fully implement­ed.

Despite some progress, the Council identified sev­eral obstacles that hinder the full execution of the directive. These issues re­quire attention in discus­sions between the OM BES and the PG.

One significant challenge is the shortage of person­nel in the Basic Police Care BPZ unit of the Caribbean Netherlands Police Force KPCN. The KPCN reports that it struggles to handle the increasing number of domestic violence cases. The BPZ plays a crucial role in addressing domestic violence, as it is often the first to respond to reports. The initial response of BPZ officers is critical in deter­mining how a case is han­dled moving forward.

Another challenge in­volves disparities in how decisions regarding deten­tion are made across differ­ent islands. The OM BES must weigh various factors when deciding whether to place a suspect in custody or impose pretrial deten­tion. However, these deci­sions often differ between Bonaire, Saba and St. Eu­statius due to logistical and resource constraints.

On Saba and St. Eustatius, placing a suspect in custody requires police personnel to be reassigned for de­tainee supervision, reduc­ing the number of officers available for other duties. Additionally, these islands lack detention facilities be­yond small police holding cells. If a suspect is placed in pretrial detention, they must be transported by air to the Judicial Institution Caribbean Netherlands (JICN) on Bonaire, which places a significant strain on police resources.

Due to these logistical challenges, suspects on Saba and St. Eustatius are often released under condi­tions earlier than those on Bonaire. This situation can create a perception among residents that reporting do­mestic violence incidents is ineffective. The Council recognises that this issue is not unique to domestic vio­lence cases, but emphasises its severity in this context, as victims must be assured legal protection to feel safe in their homes. The Coun­cil will further examine this issue in its 2024 study on law enforcement in Saba and St. Eustatius.

During the study, the Council reviewed case re­cords from the OM BES on domestic violence inci­dents. This review revealed that in some cases, the OM BES failed to make an im­mediate prosecution deci­sion when suspects were released. According to the Directive on Domestic Violence, prosecutors should ensure that a decision is made as soon as possible. Additionally, domestic vio­lence is considered a high-priority offence requiring prompt investigation and prosecution. The Council believes that domestic vio­lence cases should not be left unresolved for extend­ed periods.

The Council found that the Dutch Ministry of Jus­tice and Security has not provided sufficient over­sight regarding the imple­mentation of the 2020 rec­ommendations. The policy measures announced by the minister of justice and security in response to the Council’s 2020 report have since faded from focus in both the ministry and the judicial organisations. Ad­ditionally, changes in per­sonnel in the OM BES and KPCN during this period led to a lack of continuity in policy implementation.

The Council recommends ensuring a coordinated implementation of the es­tablished agreements on tackling domestic violence across Bonaire, Saba and St. Eustatius, with periodic evaluations. This will help ensure that progress is be­ing made and adjustments are made where necessary.

In line with the directive, as of 2024, the OM BES should submit annual re­ports to the Prosecutor on judicial cooperation. These reports must also consider the local conditions on each island that may impact the effectiveness of the direc­tive.

Furthermore, the Council emphasises the importance of clear categorisation and prioritisation of domestic violence case files, with set deadlines for their assess­ments. This will ensure that cases are handled in a timely manner and resourc­es are allocated where they are needed most.

The Council recommends strengthening and main­taining BPZ officers’ train­ing in the recognition and handling of domestic vio­lence cases. This training will ensure that officers are well-equipped to identify and address domestic vio­lence effectively.

Additionally, the Council advises the appointment of dedicated domestic vio­lence officers on Saba and St. Eustatius or the imple­mentation of train-the­trainer programmes. These initiatives will improve law enforcement responses to domestic violence cases in areas where resources are more limited, helping to ensure that these cases receive the attention they deserve.

The Ministry of Justice and Security is encouraged to provide more integrated oversight of the imple­mentation of the Council’s recommendations. This oversight should be coordi­nated with relevant judicial agencies to ensure that the recommendations are be­ing carried out effectively.

By streamlining the process and maintaining close coor­dination, the ministry can help ensure that the goals of addressing domestic vio­lence and improving the judicial system are met in a comprehensive manner.

The Council urges the Ministry of Justice and Se­curity to continue allocat­ing resources for the devel­opment and implementa­tion of a judicial monitor­ing system in the Caribbean Netherlands. The Council suggests using domestic violence as a pilot case for this monitoring system.

Furthermore, the Council reiterates its concerns re­garding the detention and pretrial custody challenges faced on Saba and St. Eu­statius due to the lack of detention facilities. The in­consistencies in detention decisions between these islands and Bonaire create potential inequalities in ju­dicial treatment. This issue will be examined in greater depth in the Council’s 2024 study on law enforcement structures in Saba and St. Eustatius, as outlined in its annual plan.

The Daily Herald.